The meaning of an alien in the constitutional universe

Gray, Anthony
(2013)
The meaning of an alien in the constitutional universe.
Australian Journal of Administrative Law, 20 (2).
pp. 89-101.
ISSN 1320-7105

Abstract

This paper considers the High Court's interpretation of the aliens power in s51(19). It concludes that the Court has unacceptably allowed Parliament to define the meaning of a constitutional word, with the result that the 2004 decision in Singh, to the effect that a person born in Australia could be an alien, and liable to deportation under that head of power, is incorrect, being contrary to earlier High Court precedent, and to international and historical understanding of the concept of an alien.